Position paper on CSO enabling environment for the 4th High-Level Forum on Aid Effectiveness in Busan

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CONCORD position paper on C SO enabling environment for the
4th High -Level Forum on Aid Effectiveness in Busan, South Korea 1

Introduction

In the Accra Agenda for Action (AAA), donors and governments committed to provide enabling
conditions for CSOs that maximise their contribution s to development. Moreover, the AAA
recognises CSOs are development actors in their own right whose efforts complement
those of governments and the private sector. This has been a considerable step forward with
respect to the Pa ris Declaration which turned a blind eye to the role of CSOs in development.
Today it is recognised that CSOs play key roles in development, as watchdogs holding
governments to account , as organisations facilitating citizen engagement in development and
as providers of essential services, among others . The ongoing political turmoil in the Middle
East and North Africa shows the limitations and ineffectiveness of donor approaches that ignore
or neglect a continued and strategic engagement with and support to domestic CSOs.

However, since Accra progress on improving the enabling environment for CSOs has been
meagre and the implementation of international commitments on enabling environment at
country level was sluggish at best. A clamp -down on civil society an d shrinking political spaces
for CSOs to engage in public policy making can be observed in many countries. A number of
reports 2 show that since Accra the environment has become less enabling in many countries.
Many partner governments, for instance, put re strictions on CSOs that receive funding from
foreign donors (i.e. Ethiopia). This backlash against CSOs threatens to undermine the efforts to
promote domestic accountability and democratic ownership which are key to realising aid and
development effectiven ess .

Also in Europe, CSOs are observing a limitation of dialogue opportunities with
administrations and decision -makers . CONCORD fears that these trends will undermine
reform efforts to strengthen domestic accountability and democratic ownership . Thanks t o its
ongoing consultation processes with civil society (Structured Dialogue, Green Paper
consultations, see below), the EU is in a privileged position to promote the issues of domestic
accountability, democratic ownership and CSO enabling environment and to push other donors
and partner governments to make strong and concrete commitments on CSO enabling
environment at the HLF4, i.e. by supporting a multi -stakeholder agreement on minimum
standards for enabling conditions for CSOs.

The European Commission a nd EU member states are seeking to reform the way they do
business in international development. Many donors are re -assessing their engagement with
and funding to different stakeholder groups through different channels. CSOs play
increasingly important rol es in building state -society relationships, democratic
ownership and domestic accountability in an international aid architecture 3 with new
donors emerging (i.e. China) and an increased interest by donors in demonstrating results to
1 This position paper sets out CONCORD’s priorities and views on how the European Union should
address CSO enabling environment in the run -up to and at the 4th High -Level Forum on Aid Effectiveness
in Busan, South Korea. Other areas of aid and development effectiveness will be addressed by
forthcoming or existing CONCORD AidWatch and Better Aid position pap ers. 2 Throughout 2009 and 2010, the International Center for Not -for -Profit Law reported, among other things,
on shrinking political spaces and restrictions on foreign funding for civil society. Also the Open Forum and
the World Movem ent for Democracy , through their respective consultations, have observed shrinking
policy spaces for and increased government restrictions on CSOs. 3 The EC has launched a series of Green Paper consultations, including most notably on Inclusive Growth
and on budget support. Both consultations raised questions and issues on the role of CSOs in
development and how to best work with and support them. Notably, the Green Paper on Inclusive Growth
states that the “ EU promotes minimum standards of an enabling environment for CSOs and encourages a
genuine dialogue between State and Non -State”. The Green Paper on budget support in turn points to the
need for donors to enable CSOs to participate in national policy dialogue and monitor the use of foreign
assistance, particularly th e use of budget support .

taxpayers and linking d evelopment with security and private sector development. This is
especially true for countries that receive high levels of budget support 4.

Providing an enabling environment for CSOs requires a long -term and continued
commitment from both donors and gover nments to reform practices in areas as diverse as
financial support, legal frameworks and political conditions 5. With just over five and two years
having passed since the Paris Declaration and AAA respectively were agreed, it is perhaps not
surprising that necessary reforms are not yet fully implemented and require contin ued
application and monitoring.

Key demands from CONCORD

General demands

 Recogni se the Open Forum framework for CSO development effectiveness : At the
first Global Assembly of the Open F orum in September 2010, the Open Forum
endorsed the eight Istanbul Principles. At the second Global Assembly in June 2011,
the Open Forum will finalise a framework setting out guidelines, indicators, mechanisms
and enabling conditions for how the Istanbul Principles can be implemented. Donors
and governments are important and indispensible partners for CSOs in development
processes. CONCORD therefore calls upon the EU to recognise the Open Forum
framework in its entirety as a key CSO contribution to improve their effectiveness .

 Endorse and promote minimum standards for an enabling environment for CSOs:
The Open Forum framework will include proposals for minimum standards for enabling
conditions for CSOs. Minimum standards will cover areas as diverse as fund ing, legal
frameworks and political conditions. These proposals are currently being developed
through a global process 6. Governments and donors have been part of the discussions
at many occasions, notably in the Task Team on Civil Society Development
Effec tiveness and Enabling Environment . CONCORD calls upon the EU to endorse and
promote the Open Forum proposal for minimum standards for an enabling environment ,
i.e. by endorsing together with CSOs a multi -stakeholder agreement on enabling
conditions. We als o call upon the EU to endorse and implement the recommendations
from the Task Team 7. The EU should push partner governments and other donors t o
support such an agreement.

 Enact and implement comprehensive strategies for support to and engagement
with CSOs : Many EU donors have already designed comprehensive strategies to
engage with CSOs . However, many EU donors are still lacking such a strategy, notably
the European Commission 8. The EU must be a champion in predictable, strategic and
long -term engagement – including political and financial support – with CSOs. In
addition , the EU should bring the key lessons learned and recommendations from the
Structured Dialogue to the aid effectiveness debate and the HLF4 .

Specific demands

4 The Court of Auditors report on the Commission’s Management of General Budget Support in ACP, Latin
American and Asian Countries states that the EC has gi ven insufficient attention to strengthening key
oversight institutions (CSOs, Parliaments, Court of Auditors) in countries where it is providing budget
support. 5 The draft framework for CSO development effectiveness (version 2 from November 2010) sets out
minimum standards to be met by donors and governments to provide enabling environments (see section
IV and annex III) . These minimum standard s were identified through a global and inclusive consultation
process, involving over 2,000 CSOs in over 60 consultations globally. 6 To date, more than 2,000 CSOs have been consulted in more than 60 consultations worldwide. Please
visit www.cso -effectiveness.org for more details. 7 https://www.cso -effectiveness.org/IMG/pdf/final_key_messages_from_the_task_team.pdf 8 The Evaluation of EC Aid Delivered through CSOs (December 2008) shows that the absence of a clear
and consistent strategy limits the effectiveness of the EC’s engagement with CSOs.

 Institutionalise p olicy dialo gue with CSOs at country level and in the EU

To give effect to paragraph 13 of the Accra Agenda for Action, CONCORD calls upon
the EU to promote institutionalised policy dialogue s with CSOs from the EU and CSOs
in partner countries on the planning, implem entation, monitoring and evaluation of
development programmes and projects, as well as on EU policies that affect partner
countries.

EU donors must support policy dialogue between CSOs in partner countries and their
national governments. At a technical le vel, this means i.e. supporting capacity -building
both within governments (both at central and local levels) and CSOs, technical
assistance for judicial reforms in support of CSO policies and enabling legislation, or
providing support to coalition and plat form building among CSOs. At a political level, it
means to play an active role in promoting human rights practice , good governance and
domestic accountability , i.e. by providing financial assistance to CSO initiatives aiming
at building citizenship and st rengthening democratic ownership and human rights. The
EU, i.e. through EU delegations, should assume a responsibility to facilitate the political
and legal enabling environment for CSOs in the dialogue with partner government s.

 Provide responsive, long -term and accessible f unding for CSOs

Funding to CSOs must respond to CSO priorities and respect their multiple roles as
independent development actors, hence respecting the key principle of ownership
which should apply not only to funding for governments b ut also to funding for CSOs.

EU donors must step up responsive , and accessible funding and ensure the access to a
wide range of CSO actors (including grassroots organisations) and to other institutions
that can promote democratic ownership and domestic ac countability, such as
Parliaments and Court of Auditors .

Funding must become increasingly long -term and predictable to enable CSOs to tackle
the more structural stumbling blocks to poverty and marginalisation . Grant conditions
should allow for a certain d egree of flexibility to ensure that projects and programmes
can respond to changing contexts. Enabling funding conditions should also attend to
support processes and institutional funding. CONCORD has put forward concrete
recommendations on how to improve funding to CSOs in the Structured Dialogue and
calls upon the EU to promote the key lessons learned from this EU consultation process
at international level, including HLF4 9.

 Promote results -driven assessment and reporting frameworks

In light of the evol ving agenda around results and value for money and increased
interest in accountability to taxpayers, CONCORD fears that donors might be tempted
to focus increasingly on quick wins and short -term, tangible results and outputs.
CONCORD therefore calls upon the EU to ensure that this increased interest in results
does not undermine , but promote a focus on long -term, sustainable approach es to
development , outcomes achievement and impact measurement . This is especially
important in the work of CSOs that often e ngage in long -term political and
empowerment work at local levels .

 Promote increased harmoni sation among donors on the administrative
requirements attached to funding

CONCORD calls upon the EU to promote increased harmonisation among donors on
the admini strative requirements attached to funding. Many CSOs receive funding from
multiple donors each with different procedures, eligibility criteria and reporting
requirements. This leads to CSOs expending limited resources on multiple donor
templates. CONCORD acknowledge s and commend s the work that is already being
9 See CONCORD Structured Dialogue Principles Paper .

done by Nordic + countries as part of the Reality Check on Harmoni sation, as well as
the efforts by the Donor Group on Civil Society and Aid Effectiveness 10 and encourage s
all other donors to harmoni se, where possible, their assessm ent and reporting
requirements.

EU donors to engage with CSOs in the ru n-up to HLF4 on enabling enviro nment

 Open Forum for CSO Development Effectiveness : EU donors and some partner
governments have shown a continued engagem ent in the Open Forum for CSO
Development Effectiveness. This global process was started by CSOs after Accra to
define a framework, including principles, for their own effectiveness. This framework will
include proposals for minimum standards for an enabli ng environment for CSOs. The
Open Forum has held over 60 consultations, involving more than 2,000 CSOs. The
Open Forum is therefore in a unique position to present legitimate proposals on
minimum standards. EU governments have been at the forefront of prov iding financial
support to the Open Forum consultation process. To promote enabling environments at
country level, the EU now needs to recognise these principles and minimum standards.

 Structured Dialogue: After Accra, the EC has launched a multi -stakeholder debate
involving the EC, the European Parliament and Member States representatives in a
dialogue with CSOs and local authorities from the EU and developing countries on how
to work more effectively together and to provide more effective support to civil society
and local authorities. The EC and all stakeholders have invested a considerable amount
of resources and time in that process and the results and lessons learned from the
Struc tured Dialogue should inform the international agenda on CSO enabling
environment as well as the Donor Group on Civil Society and Aid Effectiveness .

10 The Donor Group has finalised a report on donor grant conditions which proposes possible areas for
harmonisation.